M v Nesbitt [2012] NSWDC 152

M v Nesbitt [2012] NSWDC 152

The Court assessed damages for sexual assault based on the severity and chronicity of the plaintiff's psychological harm, impairment of earning capacity, betrayal and abuse of trust, awarding substantial compensatory, aggravated and exemplary damages as the defendant's actions constituted intentional torts outside the scope of the Civil Liability Act 2002.

Jurisdiction
Australia
Judgment Date
07 June 2012
Procedural Posture
Civil / Assessment of Damages Following Default Judgment
Outcome
damages awarded for compensatory, aggravated and exemplary damages; costs ordered against defendant
Legal Topics
['damages' 'sexual Assault' 'aggravated Damages' 'exemplary Damages']
['tort Law'] ['damages' 'sexual Assault' 'aggravated Damages' 'exemplary Damages']

Case Brief

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Procedural Posture

Civil / Assessment of Damages Following Default Judgment

Legal Issues

  1. 1 ['Assessment of compensatory, aggravated and exemplary damages for sexual assault' 'Application of Civil Liability Act 2002, s 3B(1), to intentional acts of sexual assault' 'Calculation of economic and non-economic loss']

Ratio Decidendi

The Court assessed damages for sexual assault based on the severity and chronicity of the plaintiff's psychological harm, impairment of earning capacity, betrayal and abuse of trust, awarding substantial compensatory, aggravated and exemplary damages as the defendant's actions constituted intentional torts outside the scope of the Civil Liability Act 2002.

Court Disposition

damages awarded for compensatory, aggravated and exemplary damages; costs ordered against defendant

Orders

  • ['Defendant to pay damages totaling $679,232' "Defendant to pay plaintiff's costs"]